CALirORNIA 


A  ^ 


STATE  COMMISSION  OF  HORTICULTURE 

DEPT. 

QUARANTINE  LAWS  AND  ORDERS 

BULLETIN  No.  1 
J.  W.  JEFFREY     -    -    -     State  Quarantine  Officer 

SACRAMENTO,  CAL.  JULY,  1911 

INTRODUCTORY. 

The  general  appropriation  bill,  signed  by  the  Governor  on  May  1st, 
provided  the  sum  of  $10,000  for  the  two  fiscal  years  beginning  July  1, 
1.911,  to  be  used  by  the  Horticultural  Commissioner  in  publishing  re- 
ports, bulletins,  circulars,  and  general  information  upon  matters  rela- 
ting to  the  fruit  and  kindred  industries  of  the  State.  This  appropriation 
is  nearly  double  that  provided  by  previous  legislatures  for  this  purpose 
and  it  was  made  at  the  unanimous  request  of  the  fruit  growers. 

Under  the  former  appropriations  but  little  more  than  a  few  stated 
reports  could  be  published,  and  often  the  funds  were  even  insufficient 
for  printing  the  regular  reports.  In  recognition  of  the  spirit  shown 
by  the  legislature  and  the  Chief  Executive  in  making  this  appropriation, 
it  is  the  intention  of  the  Commissioner  of  Horticulture  to  publish  all 
official  documents  that  may  be  of  value  to  the  fruit  growers,  the  state 
and  county  horticultural  officials  and  the  industry  at  large  which  they 
represent.  It  is  hoped  by  this  means  to  bring  into  closer  relationship 
and  cooperation  the  various  elements  concerned  in  any  way  with  the 
production  and  selling  of  the  orchard  and  farm  products  of  the  State. 
These  circulars  will  be  issued  as  often  as  matters  of  importance  may 
develop  in  the  administration  of  the  office,  or  valuable  information  be 
obtainable  upon  subjects  relating  to  the  economics  of  fruit  growing  and 
kindred  interests.  The  pamphlets  are  intended  to  be  helpful  to  our 
quarantine  officials ;  to  inform  the  officials  of  other  states  and  countries 
upon  the  policies  of  our  quarantine  and  other  divisional  work;  to  sug- 
gest the  interpretation  and  application  of  our  horticultural  laws  as 
understood  by  the  Commissioner,  and  to  set  before  the  people  in  con- 
venient form  such  records  as  may  be  of  use  to  them  in  their  relation  to 
the  horticultural  offices  of  the  State.  This  bulletin  will  be  devoted  to 
the  administration  of  the  Quarantine  Division  of  the  State  Commission 
of  Horticulture  and  the  laws  relating  thereto. 

Otft 


STATE    COMMISSION    OF    HORTICULTURE. 


QUARANTINE  LAWS. 

The  statutes  of  California  contain  but  two  measures  governing  the 
Commissioner  of  Horticulture,  namely,  the  act  of  1899.  popularly 
known  as  the  "State  Quarantine  Law,"  and  the  act  establishing  the 
present  State  Commission  of  Horticulture,  enacted  in  1903,  and 
amended  finally  June  26,  1911.  The  objects  of  the  quarantine  clauses 
of  both  these  laws  are  to  prevent  the  introduction  of  harmful  insects 
and  plant  diseases  into  the  State,  to  provide  methods  of  eradication 
should  they  secure  a  foothold,  and  to  authorize  certain  agencies  to  adopt 
rules  and  regulations  for  the  enforcement  of  the  quarantine  provisions. 

There  seem  to  be  conflicting  clauses  in  these  two  acts,  and  their 
phraseology  taken  together  is  someAvhat  confusing.  The  act  of  1899, 
for  example,  provides  in  section  4  that  "Any  trees,  shrubs.  *  *  * 
found  infested  with  any  species  of  injurious  insects  *  *  *  not 
existing  in  the  orchards,  vineyards,  gardens  or  farms  of  California 
*  *  *  shall  be  immediately  sent  out  of  the  State  or  destroyed  at  the 
option  of  the  owner."  The  act  of  1911,  known  as  the  "State  Com- 
mission Law, ' '  makes  no  distinction  in  the  methods  of  handling  infesta- 
tions new  to  the  State,  as  against  insects  brought  over  the  border  of 
species  already  established  in  the  State.  However,  as  there  is  nothing 
in  the  latter  act  preventing  the  immediate  reshipment  or  destruction 
of  new  infestations  authorized  by  the  former,  the  provisions  of  the- 
older  act  should  prevail  in  cases  of  that  character  and  no  disinfection 
be  given  to  foreign  pests,  except  such  as  is  necessary  to  lessen  the  dan- 
ger while  the  quarantined  articles  are  retraversing  the  State  on  their 
way  out.  The  act  of  1911  is  intended  to  be  a  complete  scheme  to  pro- 
vide quarantine  protection  to  our  horticultural  industries,  and  should 
be  the  basis  for  all  quarantine  procedure  of  a  general  nature.  For 
handling  most  of  the  individual  cases  likely  to  occur  attention  is  called 
to  the  provisions  of  the  "State  Quarantine  Law"  (1899)  relating  to 
marking  incoming  packages  and  holding  the  same  by  the  carriers ;  to 
the  provisions  of  section  4  of  this  law ;  to  the  statutory  quarantine 
against  peach  yellows,  rosette  and  certain  animals  detrimental  to  hor- 
ticultural and  agricultural  interests.  These  are  useful  supplements  to 
the  main  law,  and  both  acts  should  be  carefully  studied  together  by  the 
officials  charged  with  their  execution. 


STATE  QUARANTINE  GUARDIANS. 

An  act  approved  by  Governor  Stoneman  March  13,  1883,  created 
the  State  Board  of  Horticulture,  consisting  of  nine  members,  one  each 
from  the  seven  districts  designated  by  the  measure  and  two  from  the 
State  at  large.  The  act  empowered  the  board  to  appoint  an  officer 
known  as  Inspector  of  Fruit  Pests.  This  official,  in  cases  of  emergency, 
and  the  board  during  its  sessions  were  given  the  authority  to  appoint 
quarantine  guardians  who  were  to  receive  not  more  than  $2.00  per  day 
to  be  paid  by  the  owners  of  orchards  and  other  places  under  quarantine 
regulations.  The  legislature  of  1903  abolished  the  State  Board  of  Hor- 
ticulture, substituting  therefor  a  law  creating  the  State  Commission  of 
Horticulture  as  it  now  exists.  But  the  author  of  the  law  of  1903  neg- 


QUARANTINE    LAWS    AND    ORDERS. 

lected  to  include  the  appointment  of  quarantine  guardians,  and  from 
that  time  until  last  March,  no  provision  was  made  for  these  officials. 
On  the  25th  day  of  last  March,  Governor  Johnson  signed  Assembly  Bill 
Xo.  965  (Cogswell) ,  authorizing  the  State  Commissioner  of  Horticulture 
to  commission  all  county  horticultural  commissioners,  their  deputies 
and  inspectors  as  quarantine  guardians,  thus  restoring  these  valuable 
officials  to  the  service  of  the  State.  On  April  6th,  the  commissions 
were  issued  to  the  following  county  horticultural  commissioners.  This 
list  will  be  of  value  to  the  fruit  growers,  nurserymen,  and  others  who 
are  concerned  with  the  protection  of  the  horticultural  and  farming 
industries  of  California: 

List   of  State   Quarantine   Guardians. 
(July  1,    1911.) 

County.  Officer.  Post  office. 

Alameda   Fred  Seulberger Oakland 

Butte Earle    Mills    Oroville 

Colusa   L.    R.    Boedefeld Colusa 

Contra    Costa    Frank  T.   Swett Martinez 

El    Dorado    J..    E.    Hassler 1 Placerville 

Fresno     F.    C.    Schell Fresno 

Humboldt    (*)    J.     E.    Jannsen Eureka 

Imperial    (*) W.    E.    Wilsie El    Centre 

Kern    i Dave   Hirsfeld Bakersfield 

Kings    (*) B.    V.    Sharp Hanford 

Lake    Geo.   W.   Lyons Lakeport 

Lassen     (*)     1.    N.    Jones Susanville 

Los    Angeles    A.    R.    Meserve Los  Angeles 

Madera    George    Marchbank    Madera 

Mendocino    J.    R.    Banks Ukiah 

Merced    N.    H.    Wilson Merced 

Monterey    J.    B.    Hickman Aromas 

Napa    A.    D.    Butler Napa 

Nevada    _ Newton    Peck    Grass    Valley 

Orange    Roy   K.    Bishop Santa  Ana 

Placer    H.    H.    Bowman Bowman 

Riverside    R.    P.    Cundiff Riverside 

Sacramento    F.  R.  M.  Bloomer Sacramento 

San    Benito    L.    H.   Day Hollister 

San    Bernardino    S.  A.   Pease San    Bernardino 

San    Diego    C.    H.   Stuart San   Diego 

San  Joaquin Wm.   Garden    Stockton 

Santa    Barbara    C.   W.    Beers Santa    Barbara 

Santa   Clara Earl    Morris San   Jose 

Santa    Cruz    W.    H.  Volck Watsonville 

Shasta     Geo.    A.    Lamiman Redding 

Siskiyou    Jos.    F.   Wetzel Yreka 

Solano C.    K.    McBride Vacaville 

Sonoma     A.    R.   Gallaway Santa   Rosa 

Stanislaus     A.    L.   Rutherford Modesto 

Sutter    , H.  P.  Stabler Yuba    City 

Tehama     Chas.    B.   Weeks Red   Bluff 

TUare A.   G.   Schulz Porterville 

Ventura     ^ E.   O.    Essig Santa   Paula 

Yolo     Geo.    H.    Hecke Woodland 

Yuba    _        Geo.  W.  Harney Marysville 

NOTE. — In  the  following  counties  no  horticultural  commission  was  ever  organized: 

Alpine,  Amador,  Calaveras,  Del  Norte,  Marin,  Mariposa,  Modoc,  Mono,  Plumas,  San 
Francisco,  San  Luis  Obispo,  San  Mateo,  Sierra,  Trinity,  and  Tuolumne. 

Glenn  and  Inyo  have  commissions,  but  quarantine  guardians  have  not  been 
appointed. 

Counties  marked  thus  (*)  have  each  a  board  of  three  commissioners,  not  having 
organized  under  the  law  of  1909.  In  each  of  these  a  quarantine  guardian  has  been 
commissioned. 


4  STATE   COMMISSION   OF   HORTICULTURE. 

DUTIES  OF  QUARANTINE  GUARDIANS. 

Neither  the  state  nor  the  county  horticultural  laws  fix  the  duties  or 
establish  the  responsibilities  of  the  State  quarantine  guardians.  (See 
Political  Code,  Chapters  600  and  299,  respectively.)  Each  of  these 
acts  simply  authorizes  the  appointment  of  these  officials  in  the  following 
words:  "The  State  Commissioner  of  Horticulture  may  issue  commis- 
sions as  quarantine  guardians  to  the  county  horticultural  commissioner, 
the  deputies  and  inspectors  appointed  by  him." 

If  no  other  authority  were  given,  the  functions  and  responsibilities 
of  these  guardians  would  be  to  act  merely  as  deputies  of  the  State  Com- 
missioner's office.  But  these  laws  authorize  commissions  to  be  issued, 
evidently  for  the  purpose  of  giving  distinctiveness  and  formal  authority 
to  the  office  of  guardian.  Furthermore,  we  find  in  the  ' '  Horticultural 
Quarantine  Law"  (1899),  that  certain  duties  are  clearly  set  forth  and 
delegated  distinctly  to  the  quarantine  guardians.  Section  1  of  this  act 
requires  the  quarantine  guardians  to  be  notified  of  the  arrival  of  trees, 
shrubs,  etc.,  when  brought  into  the  State;  empowers  them  to  make 
inspections,  to  enforce  the  proper  marking  of  articles  subject  to  inspec- 
tion, and  directly  authorizes  these  officials  to  detain,  disinfect,  hold,  send 
out  of  the  State  or  destroy  certain  articles  under  stipulated  conditions. 
In  no  case  does  the  law  intimate  that  the  above-named  acts  shall  be 
done  under  the  authority  or  knowledge  of  the  State  Commissioner.  It 
is  clear  that  the  legislature  of  1899  intended  these  guardians  to  be  inde- 
pendent officials  delegated  to  act  upon  their  own  judgment  and  respon- 
sibility, and  in  no  way  dependent  upon  the  State  Commissioner  except 
for  appointment  and  tenure  of  office. 

It  is  obvious,  however,  that  the  whole  scheme  of  our  horticultural 
law  contemplates  unity  and  cooperation  between  the  various  horticul- 
tural offices,  state  and  county,  and  every  one  connected  with  these 
offices  is  expected  to  render  service  in  compliance  with  the  spirit  of 
these  laws  in  respect  to  cooperation  and  harmony.  As  to  the  territorial 
jurisdiction  of  the  state  quarantine  guardian,  he  is  delegated  to  patrol 
and  protect  the  county  for  which  he  is  appointed,  but  there  is  nothing 
in  the  law  limiting  his  authority  to  his  own  county. 

It  is  suggested  for  the  good  of  the  service  that  the  state  quarantine 
guardians  and  the  county  horticultural  commissioners  (at  present  rep- 
resented in  the  same  persons),  keep  their  dual  offices  entirely  separate. 
These  officials  should  have  clearly  in  mind  the  duties  and  prerogatives 
of  each  office ;  they  should  confer  freely  with  the  State  Commissioner, 
and  with  each  other  upon  quarantine  work,  as  should  authorized  and 
responsible  elements  in  the  service  of  the  State  and  counties,  commis- 
sioned with  the  duties  of  protecting  and  conserving  the  common  weal 
of  our  greatest  soil  industries.  Records  should  be  kept  of  every  trans- 
action, both  as  county  commissioners  and  quarantine  agents,  that  the 
whole  service  may  be  improved  and  made  fully  protective  to  the  enter- 
prises in  whose  behalf  these  offices  have  been  created;  these  officers 
should  initiate  new  policies  and  bring  to  bear  every  influence  promising 
to  advance  the  agricultural  and  horticultural  interests  of  California. 


QUARANTINE    LAWS   AND    ORDERS. 


QUARANTINE  ORDERS. 

The  State  Horticultural  Commission  Act  (Political  Code,  chapter 
600)  authorizes  the  Commissioner,  with  the  approval  of  the  Governor, 
to  establish  quarantine  districts  and  lines,  and  to  make  regulations,  all 
for  the  protection  of  the  orchard  and  farm  products  of  the  State.  In 
pursuance  of  this  authority  and  without  attempting  to  particularly 
interpret  the  law  under  consideration,  this  Act  seems  to  the  writer  to 
separate  the  quarantine  practice  into  two  divisions. 

Where  the  action  establishes  permanent  quarantine  lines  or  districts 
and  which  restrict  or  otherwise  affect  public  rights  the  provisions 
plainly  require  the  Governor's  approval;  where  the  quarantine  is 
invoked  to  hold  up  and  control  a  shipment  or  any  article  incidentally 
and  does  not  involve  the  freedom  of  the  public,  the  quarantine  officers 
may  handle  the  case  by  merely  serving  a  quarantine  notice  upon  the 
party  in  charge  of  the  article  to  be  detained.  As  the  state  quarantine 
guardians  will  have  to  do  with  the  latter  class  of  work  only,  the  admin- 
istration of  the  law  is  simpler,  and  they  are  thus  authorized  to  proceed 
upon  their  own  initiative  to  detain  and  handle  contraband  cases  with- 
out the  approval  of  other  authorities.  It  was  the  intention  of  the 
framers  of  this  act  to  provide  legal  machinery  for  emergency  cases,  and 
at  the  same  time  restrict  arbitrary,  permanent  action  that  might  deal 
unjustly  with  the  public.  The  right  to  quarantine  an  infected  article 
of  horticulture  is  a  police  power  conferred  by  this  statute.  Its 
efficiency  often  depends  upon  the  authority  to  act  promptly.  The 
Supreme  Court  has  sustained  this  principle  in  holding  that  a  horticul- 
tural quarantine  law  is  constitutional,  and  that  it  must  be  made  prompt 
and  summary  to  be  effective.  It  is  plainly  the  intent  of  the  law  to  give 
quarantine  officers  authority  to  act  summarily  in  all  emergency  cases, 
observing  the  requirements  of  the  act  and  abating  or  removing  the  dan- 
ger as  set  forth  and  authorized  by  the  Horticultural  Quarantine  law  of 
1899. 

Below  will  be  found  a  list  of  six  quarantine  orders  issued  by  the 
State  Commissioner,  approved  by  the  Governor,  and  all  but  one  involv- 
ing the  idea  of  a  permanent  territorial  quarantine,  as  indicated  in  the 
first  division  of  quarantine  practice  referred  to  in  the  preceding  para- 
graph. All  these  orders,  excepting  No.  5,  are  in  force  at  this  writing : 

List   of   Quarantine   Orders. 

Number.  Subject.  Date  issued. 

Order  No.  1__  __Citrus  White  Fly __October      3,  1905 

Order  No.  2 Cotton  Boll  Weevil April        23,  1903 

Order  No.  3 Scale  Insects January  17,  1910 

Order  No.  4 Cucumber  Maggot March      28,  1910 

Order  No.  5 Eel   Worm   Quarantine January     6,  1911 

Order  No.  6 Mediterranean  Fruit  Fly June         24,  1911 


CITRUS  WHITE  FLY. 

The  first  order  of  quarantine  issued  under  the  authority  of  the  act 
of  1903  related  to  the  inhibition  of  Florida  plants,  etc.  This  order  has 
been  amended  several  times,  and  it  is  thought  best  to  give  it  as  it 


6  STATE    COMMISSION    OF    HORTICULTURE. 

appears  upon  the  records  for  the  purpose  of  clearness.     The  order  is  as 
follows : 

QUARANTINE    ORDER    NO.    1. 
Citrus   White    Fly. 

(Issued  October   3,    1905.) 

WHEREAS.  Information  has  been  received  by  this  commission  to  the  effect  that  the 
White  Fly  (Aleyrodes  citri)  is  prevalent  in  the  orange  sections  of  Florida,  and  that 
oranges,  lemons,  and  citrus  nursery  stock  in  that  state  are  injuriously  affected  by  said 
White  Fly  (Aleyrodes  citri)  ;  and 

WHEREAS,  Said  Aleyrodes  citri  does  not  exist,  nor  ever  has  existed,  upon  the  citrus 
fruits  or  citrus  stock  of  this  State  ;  and 

WHEREAS,  There  is  danger  to  be  apprehended  from  the  importation  of  such  citrus 
fruits  and  citrus  nursery  stock  into  this  State  ;  therefore, 

It  is  declared.  That  a  horticultural  quarantine  be,  and  it  is  hereby,  established  against 
all  citrus  fruits  and  citrus  nursery  stock  being  imported  from  the^state  of  Florida  into 
the  State  of  California,  and  all  horticultural  commissioners  and  local  inspectors  are 
hereby  instructed  to  hold  any  and  all  such  citrus  fruits  or  citrus  nursery  stock  subject 
to  the  shippers  thereof,  for  exportation  out  of  the  State,  and  to  take  every  necessary 
precaution  for  the  prevention  of  the  introduction  of  the  said  White  Fly  (Aleyrodes 
citri)  into  their  districts. 

(Signed)  ELLWOOD  COOPER, 

State  Commissioner  of  Horticulture. 
Approved  by  : 

(Signed)          GEO.  C.  PARDEE, 

Governor  of  the  State  of  California. 

Soon  after  the  above  order  was  issued.  Commissioner  Cooper  received 
a  request  from  the  horticultural  commission  of  Los  Angeles  County 
that  the  order  be  amended  to  inhibit  all  Florida  stock,  and  the  new  order 
was  issued  the  following  spring  as  follows: 

QUARANTINE    ORDER    NO.    1. 
Citrus   White    Fly. 

(Amended  March  2,   1906.) 

WHEREAS.  Information  has  been  received  by  this  commission  to  the  effect  that  the 
White  Fly  (Aleyrodes  citri)  is  prevalent  in  the  states  of  Florida  and  Louisiana,  and 
that  it  is  found  upon  a  wide  range  of  plants  and  trees  in  those  states,  where  it  is  a 
serious,  costly,  and  uncontrollable  pest,  and  that  oranges,  lemons,  citrus  and  other 
nursery  stock,  as  well  as  herbaceous  and  other  plants,  are  infested  with  said  White 
Fly  (Aleyrodes  citri)  ;  and 

WHEREAS  Said  Aleyrodes  citri  does  not  exist,  nor  ever  has  existed,  upon  any  fruit, 
trees,  or  plants  in  the  State  of  California;  and 

WHEREAS  There  is  great  danger  to  be  apprehended  to  the  fruit  industry  of  this 
State  from  the  importation  of  nursery  stock,  trees,  fruit,  or  plants  from  infested  sec- 
tions in  Florida  and  Louisiana  ;  therefore, 

It  is  declared.  That  a  horticultural  quarantine  be,  and  it  is  hereby,  established 
against  all  fruit  and  nursery  stock  and  plants  imported  from  the  states  of  Florida 
and  Louisiana  into  the  State  of  California,  and  all  horticultural  commissioners  and 
local  inspectors  are  hereby  instructed  to  hold  any  and  all  such  plants,  fruit  or  nursery 
stock  subject  to  the  shippers  thereof,  for  exportation  out  of  the  State,  and  to  takt- 
every  necessary  precaution  for  the  prevention  of  the  introduction  of  the  said  White 
Klv  '  Aleyrodes  citri)  into  their  districts. 

(Signed)  ELLWOOD  COOPER, 

State  Horticultural  Commissioner. 
Approved  by : 

GEORGE  C.   PARDEE, 

Governor  of  the  State  of  California. 

In  March.  1910,  a  petition  was  received  by  the  State  Horticultural 
Commissioner,  stating  that  there  existed  a  strong  demand  in  California 
for  the  seed  of  the  Florida  sour  orange;  that  the  enforcement  of  the 
above  order  prevented  the  importation  of  this  seed,  and  asking  for  a 
modification  of  the  order.  The  Commissioner  called  a  meeting  of  the 
fruit  growers  and  seedsmen  and  the  conference  was  held  in  Los  Angeles, 
attended  by  a  large  number  of  those  interested  in  the  importation  of 
orange  seed.  The  Commissioner  presented  a  draft  of  the  following 
order,  all  agreeing  to  abide  by  its  provisions.  Very  little  seed  was 
bmnu-lit  in  that  year,  but  1he  report  of  Quarantine  Deputy  Woods  shows 
that  from  June' 1st  to  April  15.  1911.  he  inspected  and  fumigated  62 


QUARANTINE    LAWS   AND   ORDERS.  7 

lots,  amounting  to  236  bushels.  The  plan  works  well  and  to  the  full 
protection  of  the  citrus  fruit  industry  as  far  as  it  is  affected  by  the 
importation  of  orange  seed : 

QUARANTINE    ORDER    NO.    1. 

Citrus    White    Fly. 
(Amended  April   1,   1910.) 

WHEREAS,  Information  has  been  received  by  the  commission  to  the  effect  that  the 
White  Fly  (Aleyrodes  citri)  is  prevalent  in  the  states  of  Florida  and  Louisiana,  and 
that  it  is  found  upon  a  wide  range  of  plants  and  trees  in  these  states,  where  it  is  a 
serious,  costly,  and  uncontrollable  pest,  and  that  oranges,  lemons,  citrus  and  nursery 
stock,  as  well  as  herbaceous  and  other  plants,  are  infested  with  said  White  Fly 
(Aleyrodes  citri)  ;  and 

WHEREAS.  Said  Aleyrodes  citri  does  not  exist  upon  any  fruit,  trees  or  plants  in  the 
State  of  California;  and 

WHEREAS.  There  is  great  danger  to  be  apprehended  to  the  fruit  industry  of  this 
State  from  the  importation  of  nursery  stock,  trees,  fruit  or  plants  from  infested  sec- 
tions in  Florida  and  Louisiana  ;  therefore, 

It  is  declared.  That  a  horticultural  quarantine  be,  and  is  hereby,  established  against 
all  fruit,  nursery  stock,  fruit  pits,  orange  seed,  and  plants  of  all  kinds  imported  from 
the  state  of  Florida,  Louisiana,  or  any  other  sections  known  to  harbor  Aleyrodes  citri, 
into  the  State  of  California ;  all  horticultural  commissioners,  local  inspectors,  and 
deputies  of  the  State  Horticultural  Commission  are  hereby  instructed  and  required  to 
hold  any  and  all  such  fruits,  nursery  stock,  fruit  pits,  orange  seed  and  plants  of  all 
kinds,  subject  to  the  shippers  or  owners  thereof,  for  exportation  out  of  the  State  or 
to  be  destroyed  ;  provided,  that  orange  seed  may  be  received  into  the  State  of  Cali- 
fornia upon  compliance  with  the  following  conditions : 

Every  lot  of  orange  seed  brought  into  the  State  of  California  from  Florida, 
Louisiana  or  other  territory  infested  with  Aleyrodes  citri  must  be  enclosed  in  a  box 
sufficiently  tight  and  secure  to  prevent  the  egress  of  all  insect  pests  should  any  be 
enclosed ;  every  such  lot  of  seed  must  be  shipped  to  William  Wood,  quarantine 
inspector,  or  to  any  other  person  authorized  in  writing  by  the  State  Commissioner  of 
Horticulture  to  receive  it ;  every  such  lot  must  be  delivered  at  such  freight  or  express 
office  as  shall  be  designated  by  said  William  Wood,  or  other  authorized  person,  and 
held  by  him  in  quarantine  until  in  his  judgment  the  lot  should  be  released.  All 
expense  incurred  in  treating  for  disinfection  of  such  lot  of  seed  shall  be  paid  by  the 
consignee  or  owner,  and  the  seed  shall  not  be  released  till  the  same  is  paid. 

(Signed)  J.  W.  JEFFREY, 

State  Commissioner  of  Horticulture. 

Approved  by : 

J.   X.   GILLETT, 

Governor  of  the  State  of  California. 

Before  we  leave  the  consideration  of  this  order  a  very  interesting  case 
is  appended  concerning  its  recognition  by  the  United  States  Govern- 
ment. The  Bureau  of  Plant  Industry  at  Washington  is  engaged  in 
plant  breeding  and  selection  in  Florida,  and  while  the  Federal  author- 
ities may  have  the  legal  right  to  ignore  our  state  quarantine  law  in  the 
distribution  of  these  plants,  they  did  not  attempt  to  violate  its  provi- 
sions. Wishing  to  distribute  throughout  southern  California  a  large 
lot  of  improved  avocado  and  other  plants,  application  for  a  permit  was 
made  and  refused  by  the  State  Commissioner,  who  later  sent  an  agree- 
ment to  P.  H.  Dorsett  of  the  bureau,  which  would  permit  the  introduc- 
tion of  the  plants  without  possibility  of  introducing  the  White  Fly. 
This  was  signed  by  Mr.  Dorsett : 

IMPORTING     FLORIDA    STOCK. 
Agreement. 

(Modifying  Quarantine  Order  No.  1.) 

OFFICE  OF  STATE  COMMISSIONER  OF  HORTICULTURE,, 

SACRAMENTO,  CAL.,  March  4,  1910. 
Mr   P.  H.  Dorsett,  Bureau  of  Plant  Industry,  Washington,  D.  C. 

The  conditions  imposed  by  the  State  of  California  upon  the  introduction  of  Florida 
stock  are  as  follows : 

1.  The   plants   to   be    sent   to   Washington   and    there    detained   in    your    quarantine 
greenhouse  for  a  period  of  six  months. 

2.  At  the  end  of  that  time  they  may  be  shipped  to  the  horticultural  commissioner 
of  the  county  in  California  in  which  they  are  to  be  delivered.     I  will  instruct  him  upon 
your  previous  notification  of  shipments,  to  receive  them  and  after  examination  to  turn 
them  over  safely  to  the  consignee. 

3.  Each  shipment  must  be  accompanied  by  a  certificate  from  your  entomologist  or 
other  authorized  official  stating  that  the  plants  have  been  in  quarantine  the  required 
time,  and  that  there  are  no  Aleyrodes  citri  or  other  species  of  citrus  white  fly  in  the 
quarantine  greenhouse. 


STATE    COMMISSION    OF    HORTICULTURE. 

The  avocado  plants  that  are  now  bein£  shipped  so  freely  into  Cali- 
fornia under  this  agreement  were  placed  in  the  greenhouse  February  20. 
1910,  and  held  there  over  one  year.  The  fruit  growers  of  California 
should  appreciate  the  spirit  of  cooperation  the  Federal  bureau  is  mani- 
festing. Its  officials  have  written  that  they  will  assist  in  every  way  in 
preventing  the  introduction  of  pests  into  this  State. 


COTTON  BOLL  WEEVIL. 

Cotton  growing  in  the  Imperial  Valley  has  been  developed  to  great 
proportions  within  the  last  two  years,  and  the  industry  may  become  the- 
leading  business  in  the  rich  territory  of  the  Colorado  delta  if  successful 
varieties  are  cultivated  and  insect  pests  are  excluded.  By  far  the  most 
destructive  insect  affecting  the  production  of  cotton  is  the  boll  weevil. 
This  creature  seems  to  be  of  Mexican  origin.  It  had  spread  over  several 
counties  of  Texas  from  Mexican  territory  as  early  as  1894,  and  has  since 
rapidly  invaded  the  cotton  growing  district  of  the  south.  In  1908  this, 
pest  had  overrun  the  Mississippi  delta,  reaching  toward  the  Atlantic 
coast,  and  damaging  the  cotton  crop  that  year  to  the  amount  of 
$30,000,000,  according  to  Secretary  Wilson's  report.  The  boll  weevil 
does  not  yield  readily  to  measures  of  control,  and  should  it  beco*me 
established  in  Imperial  great  loss  would  result,  and,  possibly,  cause  the- 
abandonment  of  cotton  production  in  that  territory. 

But  the  cotton  districts  of  California  are  isolated  and  at  present  free 
from  this  destructive  pest.  A  rigid  quarantine  has  been  maintained 
since  experimental  cotton  planting  began,  special  deputies  have  been  in 
charge  who  have  fumigated  all  cotton  seed  introduced  into  the  district, 
and  all  precautions  have  been  taken  to  exclude  this  great  peril.  Not 
only  have  the  domestic  avenues  been  guarded,  but  a  plan  has  been 
adopted  through  which  to  protect  the  cotton  fields  in  Mexican  territory 
adjacent  to  Imperial  County,  and  thus  safeguard  the  American  fields 
from  contamination  from  that  source.  We  hope  by  continued  vigilance- 
and  the  cooperation  of  the  cotton  planters  to  keep  the  California  cotton 
industry  free  from  the  boll  weevil. 

QUARANTINE    ORDER    NO.   2. 
Cotton    Boll   Weevil. 

(Issued  April  23,  1908.) 

WHEREAS,  Information  has  been  received  by  this  commission  to  the  effect  that 
cotton  seed  is  about  to  be  imported  into  this  State  from  sections  affected  with  the 
cotton  boll  weevil  (Anthonomus  grandis  Boh.),  and  that  the  same  is  a  serious  pest 
in  such  sections  where  it  prevails  ;  and 

WHEREAS.  The  said  cotton  boll  weevil  (Anthonomus  grandis)  does  not,  nor  ever  has. 
existed  in  this  State,  and  that  if  introduced  the  same  would  become  a  serious  and' 
dangerous  pest,  probably  spreading  to  other  food  plants  ;  and 

WHEREAS,  The  cotton  boll  weevil  (Anthonomus  grandis)  while  not  attacking  the 
seed  of  the  cotton  plant,  may  hibernate  in  the  hulls  or  be  carried  in  the  mass  and  thus 
become  established  in  new  locations  ;  therefore,  acting  upon  information  received  from 
and  a  request  made  by  the  Bureau  of  Plant  Industry,  of  the  Department  of  Agriculture 
of  the  United  States,  it  is  hereby 

Ordered,  That  no  cotton  seed  shall  be  admitted  into  this  State,  and  a  horticultural 
quarantine  is  hereby  established  against  the  same,  except  under  the  conditions  herein 
set  forth: 

First — That  in  addition  to  the  offices  of  the  State  Commission  of  Horticulture, 
Capitol  building,  Sacramento,  and  room  11,  Ferry  building.  San  Francisco,  El  Centro 
in  Imperial  County,  San  Bernardino  in  San  Bernardino  County.  Riverside  in  River- 
side County,  Los  Angeles  in  Los  Angeles  County,  and  San  Diego  in  San  Diego  County, 
are  hereby  declared  horticultural  quarantine  stations  for  the  inspection  of  "all  cotton 
seed  coming  or  being  imported  into  this  State. 

Second — The   board   of   horticultural    commissioners    of   each    of   said    counties,    and* 


QUARANTINE    LAWS    AND    ORDERS. 

•each  of  them,  is  hereby  declared  a  special  deputy  commissioner  of  horticulture  for  the 
purpose  of  enforcing  this  order.     And  it  is  further 

Ordered,  That  all  cotton  seed  brought  or  imported  into  this  State  shall  be  inspected 
in  the  county  into  which  it  is  brought  by  one  of  the  deputy  commissioners  above 
named.  It  shall  then  be  subjected  to  fumigation,  in  a  closed  vessel,  with  bisulphide  of 
carbon  gas  for  a  period  of  twenty-four  hours,  and  shall  then  be  held  by  the  deputy 
commissioner  for  a  sufficient  time  to  satisfy  said  deputy  commissioner  that  all  possi- 
bility of  infestation  is  removed.  For  the  purpose  of  more  effectively  enforcing  the 
quarantine  against  the  cotton  boll  weevil ;  it  is  further 

Ordered.,  That  all  cotton  seed  shipped  or  imported  into  this  State  shall  be  consigned 
to  the  horticultural  commissioner  of  one  of  the  above  named  counties,  to  be  by  him 
delivered  to  the  consignee  when  he  is  fully  assured  that  there  is  no  danger  of 
infestation. 

This  quarantine  shall  go  into  effect  immediately  upon  its  approval  by  the  Governor. 

(Signed)  J.  W.  JEFFREY, 

State  Commissioner  of  Horticulture. 
Approved  by : 

J.   N.  GILLETT, 

Governor  of  the  State  of  California. 


TULARE  COUNTY  QUARANTINE. 

Tulare  County  is  known  to  be  so  generally  free  from  scale  insect 
pests  that  it  was  thought  advisable  to  give  the  citrus  fruit  growers  of 
that  district  extraordinary  protection  in  the  form  of  an  order  quaran- 
tining all  other  territory,  domestic  and  foreign,  in  favor  of  Tulare 
County.  Had  the  county  groves  been  ordinarily  infested  with  citrus 
scales,  this  precaution  would  not  have  been  logical  or  necessary.  As 
the  case  stood  when  the  plan  was  adopted,  it  gave  an  opportunity  to 
try  a  new  policy,  and  one  that  should  prevent  the  occurrence  of  infesta- 
tion and  save  the  citrus  fruit  growers  from  great  losses  in  fighting  this 
dass  of  orchard  pests  in  that  county. 

Another  fact  influencing  this  quarantine  policy  was  the  fact  that 
Tulare  County  had  a  very  large  mileage  of  railroads,  and  to  guard  the 
dozens  of  receiving  stations*  placed  a  heavy  burden  upon  the  taxpayers 
with  no  assurance  that  the  county  would  be  able  to  maintain  its  orchards 
in  a  clean  condition.  After  having  visited  this  section  several  times  in 
conf erence  with  the  fruit  growers  and  officials,  the  State  Commissioner 
devised  the  following  plan : 

To  prohibit  the  shipment  into  Tulare  of  trees,  plants  and  all  articles 
.liable  to  carry  scale  pests,  excepting  through  designated  stations  of 
entry.  A  quarantine  order  was  issued  to  that  effect.  In  pursuance  of 
this  arrangement  the  county  horticultural  commissioner  agreed  to 
inspect,  without  expense  to  the  State,  all  nursery  stock  arriving  at  the 
points  of  entry.  All  the  county  horticultural  officials  were  then  ap- 
pointed state  quarantine  inspectors  under  the  provisions  of  the  act  of 
1903.  After  a  few  difficulties  with  the  railroads  had  been  overcome 
the  plan  worked  to  the  entire  satisfaction  of  growers  and  nurserymen, 
and  has  become  a  fixed  policy,  supported  especially  by  the  citrus  fruit 
men.  The  order  is  as  follows : 

QUARANTINE    ORDER    NO.    3. 
Tulare  County. 

(Issued  January  17,   191  \) 

WHEREAS,  The  State  Commissioner  of  Horticulture  has  determined  from  common 
report,  from  personal  inspection,  and  from  the  report  of  the  state  quarantine  officer 
that  the  commercial  citrus  fruit  trees  and  all  others  as  far  as  examined  in  Tulare 
County  are  entirely  free  from  the  Red  Scale  (Chrjjsomphalus  aurantii),  Black  Scale 
(Saissetia  oleae),  Purple  Scale  (Lepidosaphes  beckii),  and  other  scales  detrimental 
to  the  production  of  fruit ;  and 

WHEREAS,  There  is  continual  danger  of  the  introduction  of  the  said  scales  and 
others  into  Tulare  County  ;  and 


10  STATE    COMMISSION    OF    HORTICULTURE. 

WHEREAS,  A  reasonable  quarantine  regulation  would  protect  the  fruit  interests  of 
the  said  county  without  violating  the  rights  of  other  sections  ;  therefore 

It  is  declared,  That  a  quarantine  be  and  is  hereby  established  against  the  importa- 
tion of  all  fruit  and  nursery  stock  and  plants  into  Tulare  County,  and  the  horticultural 
commissioner,  his  deputy  and  all  his  inspectors  are  hereby  instructed  to  hold  and 
cause  to  be  returned  to  the  points  where  the  shipments  originated  all  such  stock  found 
within  the  said  county  of  Tulare  ;  it  is  unlawful  during  the  continuance  of  this  order 
for  any  railroad,  express  or  other  company  or  individual  to  bring  or  cause  to  be 
brought  into  said  county  such  stock  or  to  receive  it  for  delivery  ;  provided,  that  all 
such  nursery  stocks  and  plants  may  be  delivered  and  received  at  Porterville,  Lindsay, 
Exeter,  Tulare,  Ducor,  Dinuba,  Pixley,  Angiola  and  Terra  Bella,  all  within  the  said 
county,  and  it  is  hereby  declared  that  the  above  named  stations  are  in  no  way 
affected  by  this  order,  and  at  the  places  named  all  such  stocks  may  be  received  and 
will  be  promptly  inspected,  and  if  found  clean  they  will  be  released. 

(Signed)  J.  W.  JEFFREY. 

State  Commissioner  of  Horticulture. 
Approved : 

J.  N.  GILLETT, 

Governor  of  the  State  of  California. 


THE  MELON  FLY. 

For  several  years  the  melon  or  cucumber  maggot  has  been  discovered 
in  certain  fruits  and  vegetables  arriving  at  our  ports  from  Hawaii.  This 
pest  is  particularly  destructive  on  these  islands,  attacking  melons, 
cucumbers,  tomatoes,  beans  and  other  vegetables.  Specimens  of  this 
fly's  work  are  on  exhibition  at  the  Insectary,  found  in  shipments  from 
Honolulu,  of  the  most  revolting  character.  By  careful  inspection  and 
the  rigid  enforcement  of  the  following  order  the  fly  has  been  kept  out 
of  the  State : 

QUARANTINE    ORDER    NO.   4. 
The  Melon   Fly. 

(Issued  March  28,   1910.) 

"WHEREAS,  From  information  that  has  been  received  by  this  commission,  and  the 
fact  having  been  duly  determined  by  the  commission,  it  appears  that  a  certain  fruit 
and  vegetable  fly  known  as  Dacus  cucurbitae  is  prevalent  in  the  Hawaiian  Islands, 
and  very  destructive  to  watermelons,  muskmelons,  cucumbers  and  tomatoes  on  these 
islands,  and  that  the  said  Dacus  cucurbitae  is  not  known  to  exist  in  the  State  of 
California ;  and 

WHEREAS,  The  introduction  of  this  fly  into  the  State  would  entail  great  and  irrep- 
arable losses  to  the  horticultural  products  subject  to  its  attacks  ;  and 

WHEREAS,  The  most  rigid  inspection  can  not  determine  the  presence  of  the  larva  or 
maggot  of  this  fly  without  the  destruction  of  the  fruit  or  vegetable  which  may  be 
infected  ;  therefore, 

It  is  ordered,  That  a  horticultural  quarantine  be  and  is  hereby  established  against 
watermelons,  muskmelons,  cucumbers  and  tomatoes  imported  from  the  Hawaiian 
Islands  or  other  territory  known  by  the  state  commission  to  contain  infection  of  the 
Dacus  cucurbitae,  and  all  deputies  of  the  State  Commission  of  Horticulture,  county 
horticultural  commissions  and  horticultural  quarantine  officers  are  hereby  instructed 
to  hold  all  such  fruits  or  vegetables  above  described  for  exportation  out  of  the  State 
or  to  be  destroyed  as  may  be  directed  by  the  owner  or  consignee. 

(Signed)          J.  W.  JEFFREY, 
State  Commissioner  of  Horticulture. 
Approved : 

J.   N.   GILLETT, 

Governor  of  the  State  of  California. 


POTATO  EEL  WORM. 

Early  in  January  of  the  present  year  the  horticultural  commissioner 
of  Sacramento  County  discovered  the  eel  worm  in  a  carload  of  potatoes 
upon  the  local  market.  This  pest  is  not  known  to  exist  in  California, 
and.  as  the  destruction  of  the  lot  might  involve  litigation,  the  infestation 
was  handled  through  a  regular  quarantine  order  which  was  made  the 
basis  for  disposing  of  many  carloads  of  similarly  infested  potatoes  from 
a  small  valley  in  Nevada.  The  Sacramento  car  was  sent  back  to  Reno, 
where  the  potatoes  were  transferred  to  another  car,  shipped  to  Los 


QUARANTINE    LAWS   AND    ORDERS.  11 

Angeles,  and  there  held  up  and  sent  back  again  to  Nevada.  In  such 
cases  as  this  the  quarantine  officers  should  have  the  authority  to  destroy 
the  lot,  regardless  of  the  wishes  of  the  consignor. 

Meantime,  circulars  of  warning  had  been  sent  all  over  the  State 
resulting  in  the  discovery  of  nearly  a  dozen  infested  lots  at  Bishop, 
Independence,  San  Francisco  and  Sacramento.  As  there  were  no 
quarantine  guardians  in  the  State  at  this  time  these  shipments  were 
disposed  of  at  great  disadvantage.  No  such  trouble  can  occur  since  the 
law  of  1911  has  become  effective.  This  incident  has  caused  the  Nevada 
State  University  to  make  an  investigation  of  the  infested  area,  and 
steps  will  be  taken  there  to  eradicate  the  pest.  Quarantine  guardians 
should  be  vigilant  in  the  inspection  of  farm  produce,  for  the  spirit  of 
the  law  does  not  confine  their  activities  to  horticultural  protection.  It 
will  be  noticed  that  Order  No.  5  is  in  form  different  from  the  preceding 
orders.  The  secretary  in  this  case  quarantined  the  car  upon  his  author- 
ity as  an  officer  of  the  State  Commission,  and  it  was  not  necessary  for 
the  Governor  or  the  Commissioner  to  approve  this  order.  It  will  be  held 
by  the  Commissioner  that  a  quarantine  order  of  temporary  nature  and 
one  not  involving  the  quarantining  of  a  territory,  may  be  legally  made 
by  any  authorized  deputy  or  state  quarantine  guardian.  The  following 
is  the  order,  and  it  may  serve  as  a  form  for  use  by  the  latter : 

QUARANTINE    ORDER    NO.    5. 
The  Potato   Eel  Worm. 

(Issued  January   6,    1911.) 

Wood,  Curtis  d  Co.,  Sacramento,  Cal. 

GENTLEMEN  :  This  is  to  certify  that  I  have  this  day  inspected  a  carload  of  potatoes 
(1843  P.  F.  E.),  containing  251  sacks,  consigned  to  you  and  shipped  by  G.  Boni  Nucci 
from  Canty,  State  of  Nevada,  and  have  found  the  same  to  be  badly  infested  with  a 
nematode  worm  ( Tylenchus  devastatrix) ,  a  parasitic  worm  destructive  to  potatoes, 
which  does  not  exist  in  this  State. 

In  accordance  with  section  4  of  the  horticultural  quarantine  law  of  the  State  of 
California,  I  hereby  order  this  carload  (251  sacks)  of  potatoes  shipped  out  of  the 
State  of  California,  or  destroyed,  at  your  option,  within  forty-eight  hours  from  the 
serving  of  this  notice. 

(Signed)  O.  E.  BREMNER, 

Secretary  State  Commission  of  Horticulture. 


MEDITERRANEAN  FRUIT  FLY. 

By  far  the  most  alarming  development  of  fruit  pests  of  foreign  origin 
is  the  appearance  of  the  Mediterranean  fruit  fly  in  the  gardens  and 
orchards  of  Honolulu.  The  invasion  of  this  insect  was  discovered  by 
the  horticultural  officials  of  Hawaii  last  October,  and  a  campaign  is 
now  under  way  for  its  eradication  involving  the  expenditure  of  a  large 
sum  of  money.  This  will  lessen  the  danger  of  California  orchards 
becoming  contaminated  from  this  source,  but  it  does  not  make  protective 
measures  any  less  imperative  locally,  for  the  pest  may  be  impossible  of 
extirpation,  and  remain  a  continual  menace  to  the  fruit  industry  of  the 
United  States : 

QUARANTINE   ORDER    NO.    6. 
The   Mediterranean    Fruit   Fly. 

(Issued  June  24,  1911.) 

SACRAMENTO,  CAL.,  June  24,  1911. 

WHEREAS,  The  State  Commissioner  of  Horticulture  has  received  official  notification 
from  the  Board  of  Agriculture  and  Forestry  of  the  Hawaiian  Islands  that  an  insect 
known  as  the  Mediterranean  Fruit  Fly  (Ceratitis  capitata)  has  become  established 
on  the  island  of  Oahu  ;  and 

WHEREAS,  The  deputy  horticultural  quarantine  officers  at  the  port  of  San  Francisco 


12  STATE    COMMISSION   OF   HORTICULTURE. 

«. 

have  discovered  and  properly  identified  this  fruit  fly  (Ceratitis  capitata)  in  fruit  and 
vegetables  brought  in  both  as  freight  and  personal  baggage  from  the  port  of  Honolulu, 
Hawaiian  Islands  ;  and 

WHEREAS.  The  introduction  of  this  fruit  fly  (Ceratitis  capitata)  into  California 
would  entail  irreparable  losses  to  our  fruit,  vine  and  vegetable  interests  ; 

It  is  hereby  ordered,  directed  and  declared,  That  a  quarantine  be  and  the  same  is 
hereby  .•stablished  in  accordance  with  section  2319&  of  the  Political  Code  of  the  State 
of  California,  against  the  importation  of  all  fruits,  vegetables,  berries,  seed-pods,  etc., 
either  cultivated  in  the  orchards  or  gardens  or  growing  wild  in  the  Hawaiian  Islands, 
with  the  exception  that  pineapples,  bananas,  and  all  root  crops,  the  edible  portions  of 
which  during  growth  have  always  been  beneath  the  surface  of  the  soil,  shall  be 
admitted  at  the  ports  of  the  State  of  California  after  having  been  duly  inspected ; 
provided,  that  any  or  all  of  these  exempted  fruits  or  vegetables,  if  at  any  time  here- 
after shall  be  found  to  contain  upon  inspection  the  egg,  larv&e  or  pupae  of  the.  fruit  fly 
( ('(  ratitis  capitata)  they  shall  be  immediately  included  in  the  list  of  quarantined  fruits 
and  vegetables.  The  fruit  or  vegetables  quarantined  against  in  this  order  shall  be 
immediately  returned  to  the  port  from  which  they  were  shipped  or  destroyed  at  the 
option  of  the  owner,  consignee  or  agent.  In  no  case  shall  such  quarantined  fruits  be 
allowed  to  be  transported  over,  repacked  or  stored  upon  any  dock,  warehouse,  barge 
or  other  property  within  the  jurisdiction  of  the  State  of  California,  excepting  the  ship 
in  which  they  were  originally  brought,  or  to  which  they  are  at  once  transferred.  All 
deputies  of  the  State  Commission  of  Horticulture,  or  state  quarantine  guardians  are 
hereby  empowered  to  carry  out  the  provisions  of  this  order. 

J.  W.  JEFFREY, 
State  Commissioner  of  Horticulture. 

Approved: 

HIRAM  TV.  JOHNSON, 

Governor  of  California. 

Important  as  this  new  and  sweeping  order  may  be,  unless  the  methods 
of  handling  ship  inspections  are  thorough,  we  can  not  expect  reason- 
able protection.  Our  quarantine  laws  have  always  been  defective,  in 
that  they  do  not,  and  perhaps  can  not,  enforce  the  inspection  of  private 
baggage  carried  by  passengers  upon  transportation  lines.  The  Attor- 
ney General's  office  has  been  appealed  to,  and  has  held  that  opening 
personal  baggage  to  determine  whether  it  contained  contraband  articles 
under  such  as  the  above  order  would  involve  intricate  legal  points,  and 
no  one  has  been  able  to  suggest  an  amendment  to  our  quarantine  acts 
that  would  avoid  the  complications  following  the  invasion  of  personal 
Jiberty  necessary  to  thoroughly  inspect  private  baggage.  Whether  tho 
State  of  California  could  establish  this  right  of  search,  as  it  has  been 
established  by  the  United  States  customs  laws  can  not  be  determined  at 
this  time,  and  the  emergency  now  under  consideration  impelled  us  to 
adopt  a  new  policy  that  promises  to  be  entirely  satisfactory  and  pro- 
tective. 

All  baggage  arriving  on  vessels  from  foreign  ports  is  opened  and 
inspected  for  dutiable  goods  by  the  customs  officials,  and  by  agreement 
with  the  Federal  authorities  the  horticultural  quarantine  deputies  are 
on  hand  to  look  through  the  baggage  and  tafee  possession  of  quarantined 
or  infected  fruits,  plants,  etc.  But  the  vessels  coming  in  from  domestic 
territory  are  not  visited  by  the  customs  officers  and  it  is  from  this  source 
our  greatest  danger  has  originated.  How  to  reach  the  baggage  of  pas- 
sengers coming  on  the  Hawaiian  steamers  became  a  most  important 
question.  A  conference  was  held  with  the  officials  of  the  Matson  Nav- 
igation Company  and  the  Oceanic  Steamship  Company  in  June,  and 
the  following  proposition  made  to  them : 

1.  A  contract  to  be  attached  to  each  passenger  ticket  and  signed  by 
the  purchaser  at  Honolulu,  reading  as  follows : 

"One  of  the  conditions  of  this  ticket  is  that  the  quarantine  regula- 
tions of  the  State  of  California  will  be  conformed  to  in  regard  to  the 
inspection  of  horticultural  products.  I  hereby  agree  to  the  inspection, 
by  the  quarantine  officials  of  the  State  Commission  of  Horticulture,  of 
all  my  personal  effects  upon  my  arrival  at  San  Francisco." 


QUARANTINE    LAWS    AND    ORDERS.  13 

2.  A  notice  to  be  handed  to  each  passenger,  as  follows  : 

Under  and  in  pursuance  to  an  act  of  legislature  of  the  State  of  California,  approved 
March  25,  1903,  and  acts  amendatory  thereof,  it  is  the  duty  of  the  State  Commissioner 
of  Horticulture  of  the  State  of  California,  by  and  with  the  approval  of  the  Governor  of 
said  State  of  California,  to  establish,  maintain  and  enforce  such  quarantine  regulations 
as  may  be  deemed  necessary  to  protect  the  vegetable  and  tree  growths  of  said  State 
against  contagion  or  infection  by  injurious  diseases,  insects  or  pests. 

And  it  is  therefore  necessary  in  order  to  maintain  such  quarantine  and  protective 
measures,  that  all  trees,  shrubs^  plants,  vines,  cuttings,  grafts,  scions,  buds,  fruit  pits, 
fruit,  vegetables  or  other  articles  of  horticulture  of  all  and  every  kind  and  nature  be 
inspected  by  such  commissioner,  or  by  a  deputy  or  other  official  properly  appointed  to 
make  such  inspection  ;  and 

WHEREAS,,  It  is  necessary  in  rendering  effective  such  inspection  of  such  articles  of 
horticulture  that  inspection  and  examination  shall  be  had  of  all  trunks,  valises,  hand- 
bags, satchels,  suit-cases,  boxes,  packages  or  parcels  of  every  kind  and  character  upon 
arrival  of  the  ship  at  the  port  of  entry  into  the  State  of  California  ;  and 

WHEREAS,  It  is  the  duty  of  steamship  corporation  and  company  operating  the  ship 
or  vessel  hereinabove  referred  to,  to  prevent  and  assist  in  preventing  the  introduction 
into  the  State  of  California  of  any  such  articles  of  horticulture  which  are  liable  to  be 
infested  with  or  being  affected  by  injurious  disease,  insects  or  pests  ; 

Now.,  therefore,  passengers  are  hereby  notified  that  said  passengers  must  open  in  the 
presence  of  the  proper  officer  representing  the  State  Commissioner  of  Horticulture  of 
the  State  of  California,  at  the  port  of  San  Francisco,  all  the  personal  baggage  and 
effects  of  all  kinds  and  nature  whatsoever  .of  said  passengers,  and  permit  said  officer 
representing  said  State  Horticultural  Commissioner  to  inspect  the  contents  of  said 
personal  baggage  and  effects,  for  the  purpose  of  examining  and  inspecting  any  plants, 
shrubs,  vines,  cuttings,  grafts,  scions,  buds,  fruit  pits,  fruit,  vegetables  or  other  articles 
of  horticulture,  tree  or  plant  growth  contained  in  or  annexed  to  said  personal  baggage 
and  effects. 

The  term  article  of  horticulture  used  herein  includes  and  is  intended  to  mean  all 
shrubs,  trees,  plants,  vines,  cuttings,  grafts,  scions,  buds,  fruit  pits,  fruit,  vegetables  or 
other  articles  of  horticulture. 

The  term  personal  baggage  and  effects  used  herein  means  and  is  intended  to  include 
all  trunks,  valises,  satchels,  suit-cases,  boxes,  packages,  rolls,  mats,  bundles,  baskets 
and  any  and  all  other  articles  containing  personal  effects  of  said  passengers. 

3.  The  officers  of  the  ships  to  be  personally  instructed  by  the  steam- 
ship companies  to  cooperate  in  every  way  to  prevent  the  bringing  in 
of  any  horticultural  products  whatever  from  the  Hawaiian  Islands, 
either  by  passengers  or  crews. 

4.  The  steamship  companies  to  detain  the  passengers  in  a  corral,  per- 
mitting them  to  leave  with  only  such  baggage  as  has  been  inspected. 


.  —  The  first  trial  of  baggage  searching  occurred  on  June  27th,  when  the  rival 
steamers  Sierra  and  Wilhelmina  arrived  at  San  Francisco  on  the  same  hour,  the 
former  with  187  and  the  latter  with  145  passengers,  carrying  altogether  646  pieces  of 
baggage.  The  passengers  were  held,  every  piece  of  baggage  opened,  searched  and 
tagged  out.  These  new  regulations  are  much  more  satisfactory  than  the  old  plan  of 
inspection.  They  will  prove  effective,  and  they  gave  no  offense  to  the  passengers  in 
the  severe  trial  given  in  the  cases  above  cited.  It  is  believed  the  question  of  proper 
inspection  is  now  settled  as  effectually  as  if  it  were  possible  to  enforce  the  opening  of 
private  effects  by  law. 

FEDERAL  CO-OPERATION. 

On  the  thirteenth  day  of  July  the  chief  deputy  quarantine  officer  ad- 
dressed a  letter  to  the  Army  Transport  Service  requesting  action  pro- 
hibiting the  transport  boats  from  receiving  fruits,  vegetables,  etc.,  in 
compliance  with  Quarantine  Order  No.  6.  The  following  action  was 
taken  by  the  superintendent  : 

OFFICE  ARMY  TRANSPORT  SERVICE,  1086  NORTH  POINT  STREET, 

SAN  FRANCISCO,  July  15,  1911. 
General  Orders,  No.  10. 

Owing  to  the  existence  in  the  Hawaiian  Islands  of  an  insect  which  is  injurious  to 
fruits,  etc.,  and  commonly  known  as  the  fruit  fly,  all  baggage  and  parcels  belonging 
to  members  of  the  crew  or  other  persons  will  be  subject  to  inspection  at  San  Francisco 
by  Government  officials,  and  must  not  contain  any  fruits,  vegetables,  berries,  seed 
pods,  etc.,  except  pineapples  and  bananas. 

No  passenger  or  member  of  the  crew  of  any  army  transport  will  be  allowed  to  bring 
aboard  at  Honolulu  any  of  the  above  described  products"  of  any  kind  whatsoever. 

Hereafter  the  army  transports  will  not  accept  from  Honolulu,  for  delivery  at  San 
Francisco,  any  shipment  of  the  above  described  products. 

Enclosed  herewith  is  Quarantine  Order  No.  6,  also  copy  of  a  pamphlet  entitled  a 
Fruit  Fly  Menace. 

Transport  quartermasters  will  take  such  steps  as  may  be  necessary  to  enforce  the 
provisions  of  this  order.  R  p  ^^ 

Major  &  Q.  M.  U.  S.  Army,  General  Superintendent. 


14  STATK    COMMISSION    OF    HORTICULTURE. 

QUARANTINE  LAWS. 

GENERAL  REMARKS. 

The  horticultural  laws  of  California  are  the  most  complete  and 
effective  measures  ever  enacted  for  the  protection  and  promotion  of  an 
agricultural  industry.  While  the  paramount  element  of  these  acts  is 
the  control  of  insect  pests  and  plant  diseases,  the  laws  also  authorize 
broad  policies  and  wide  activities  toward  the  improvement  and  exten- 
sion of  horticulture.  California  was  the  first  state  or  country  to  apply 
the  principles  of  police  regulation  to  the  protection  of  crops,  and  this 
idea  has  been  successfully  applied  through  statutory  legislation,  sus- 
tained by  the  highest  courts  and  made  a  part  of  the  .jurisprudence  of 
the  State,  as  witnessed  in  the  use  of  the  same  principle  in  our  later 
health  laws  and  measures  for  the  protection  of  the  live  stock  industry. 
Furthermore,  the  influence  of  what  we  call  our  quarantine  and  other 
compulsory  measures  has  permeated  Florida,  Arizona  and  some  foreign 
countries,  and  may  soon  be  recognized  by  the  United  States  in  the  adop- 
tion of  a  Federal  quarantine  statute  designed  to  protect  all  our  states 
and  territories  from  the  invasion  of  plant  disease  and  insect  infestation. 

With  all  our  advancement  in  providing  police  protection  to  our  soil 
industries,  we  have  not  been  able  to  reach  by  law  one  of  the  most  essen- 
tial features  of  quarantine  work,  namely,  to  legalize  the  searching  of 
private  baggage  and  effects  of  passengers  coming  into  the  State.  This 
deficiency  is  caused  by  difficulties  apparently  fundamental,  for  the  state 
quarantine  officer  has  been  advised  that  the  question  of  personal  liberty 
is  involved  in  granting  the  right  to  open  baggage,  and  that  personal 
belongings  can  not  be  treated  as  freight  or  other  articles  in  transporta- 
tion. A  passenger  by  boat  or  train  may  have  personal  papers,  jewelry 
or  other  effects  that  he  does  not  wish  subjected  to  inspection  and  public 
gaze,  and  his  rights  are  protected  in  this  regard  unless  the  laws  expressly 
provide  for  the  inspection  of  his  personal  effects.  No  such  authority 
has  been  granted  by  our  horticultural  quarantine  acts,  and  until  such 
power  is  given  our  quarantine  laws  must  remain  thus  far  unsatisfactory. 

Attention  has  been  called,  under  Quarantine  Order  Xo.  6.  to  a  most 
effective  arrangement  for  inspecting  baggage  under  circumstances  exist- 
ing at  our  maritime  ports.  This  plan  operates  well  where  baggage  is 
landed  at  the  state  line,  and  where  the  opportunity  for  its  examination 
can  be  secured  by  law,  or  by  contracts  such  as  are  now  in  use  at  our 
seaports.  In  the  case  of  articles  coming  over  the  international  line  from 
Mexico,  for  example,  the  circumstances  are  altogether  different.  There 
the  baggage  is  carried  over  the  international  line  into  Texas  or  Arizona, 
where  California  laws  are  inoperative  and  her  officials  without  authority 
even  were  laws  enacted  authorizing  inspection  of  private  effects.  No 
such  laws  granting  the  right  of  search  exist,  and  a  corps  of  quarantine 
inspectors  stationed  on  the  state  line  at  Yuma  would  have  no  authority 
to  open  packages  for  inspection.  In  the  absence  of  law  authorizing 
baggage  inspection;  in  the  lack  of  authority  to  act  outside  the  state;  in 
the  physical  inability  to  meet  all  the  trains  crossing  our  borders ;  in  the 
decision  of  the  Attorney  General  that  an  officer  of  the  state  can  not 
accept  free  or  reduced  transportation  upon  railroads,  even  for  inspection 
purposes  without  automatically  dismissing  himself  from  the  service,  and 


QUARANTINE    LAWS    AND    ORDERS.  15 

in  the  lack  of  funds  heretofore  to  carry  on  the  work  were  all  other 
impediments  removed,  lies  the  inadequacy  of  our  horticultural  quaran- 
tine service  upon  the  landed  borders  of  California. 

The  state  commission  law  prior  to  its  amendment  in  effect  June  26, 
1911,  specifically  affirmed  the  right  of  the  United  States  customs  service 
to  pass  any  article  into  the  state  over  the  head  of  the  state  quarantine 
officer,  and,  furthermore,  the  law  required  the  assent  of  the  Federal 
government  to  the  establishment  of  quarantine  lines  wheresoever  the 
jurisdiction  of  the  United  States  extended.  These  features  have  been 
abrogated  by  the  amended  law  of  June  26,  1911,  and  now  whatever 
defects  may  exist  are  due  to  deficiencies  in  our  own  laws.  As  soon  as 
the  law  above  mentioned  became  effective  and  the  larger  appropriation 
became  available  on  July  1st,  steps  were  taken  to  improve  the  quaran- 
tine service  of  the  southwestern  border  of  the  State.  In  the  absence  of 
legal  authority,  other  means  of  protection  are  being  perfected  which 
should  guard  our  frontiers  more  thoroughly.  It  is  hoped  the  scheme,  if 
it  can  be  adopted,  will  prove  entirely  satisfactory.  The  customs  service 
officials  have  given  the  State  all  the  assistance  possible,  and  whenever  a 
customs  office  is  located  in  California  the  state  quarantine  inspectors  are 
permitted  to  examine  every  package  and  piece  of  baggage  opened  by  the 
Federal  officials. 

MISCELLANEOUS  QUARANTINE  MATTERS. 

This  bulletin  is  designed  primarily  to  assist  the  state  quarantine 
guardians  in  the  discharge  of  their  duties,  and  at  the  same  time  to  give 
the  public  a  better  understanding  of  the  methods  of  protecting  the  fruit 
industries  of  the  State.  It  is  hoped  that  the  bulletin  may  also  enliven 
public  opinion  upon  the  necessity  of  improving  the  protective  laws  and 
of  cooperating  in  every  way  with  the  officials  chargect^with  the  execution 
of  these  protective  measures.  To  further  this  publicity  and  interest  an 
account  is  here  given  of  a  few  lesser  activities  and  incidents  connected 
with  the  quarantine  work.  From  these  the  officials  may  find  an  occa- 
sional precedent,  and  the  public  may  see  the  character  of  the  difficulties 
confronting  the  quarantine  service.  A  few  incidents  and  conditions 
have  been  selected,  each  of  which  is  typical  of  a  different  phase  of  the 
work. 

FEDERAL  QUARANTINE. 

We  have  no  Federal  laws  regulating  the  importation  of  plants  and 
i'ruits  into  the  United  States,  although  for  many  years  the  fruit 
growers  of  California  have  advocated  such  measures,  and  on  several 
occasions  have  presented  bills  to  congress  providing  a  national  quaran- 
tine against  the  importation,  and  the  transportation  of  diseased  nur- 
sery stock  and  fruits  in  interstate  commerce.  The  last  attempt  to 
regulate  these  classes  of  traffic  was  in  the  introduction  of  House  of 
Representatives  Bill  23252  in  March,  1910,  which  provided  for  the 
introduction  of  foreign  nursery  stock  by  permit  only,  but  like  all  sim- 
ilar measures  it  met  defeat  at  the  hands  of  American  importers.  Dur- 
ing the  last  two  years,  however,  much  protection  to  California  fruit 
interests  has  been  afforded  through  the  activities  of  the  Bureau  of 
Entomology  at  Washington,  whose  Chief  now  sends  to  the  State  Com- 
missioner a  manifest  of  every  lot  of  plants  passing  through  the  Atlan- 


16  STATE    COMMISSION   OF   HORTICULTURE. 

»r 

tic  customs  service  en  route  to  California.  This  provides  the  oppor 
tunity  of  inspection  here,  and  in  the  absence  of  a  national  quarantine 
law  is  a  most  helpful  policy.  In  scores  of  cases  the  Federal  authorities 
have  brought  into  this  State  plants  infested  with  many  serious  pests. 
Most  of  these  importations  have  been  intercepted.  In  one  incident  30 
tons  of  Asiatic  plants  intended  for  the  Chico  experimental  gardens 
were  found  badly  infested,  the  tops  removed,  and  the  plants  fumigated 
One  case  may  be  cited  to  show  the  necessity  of  regulating  the  traffic- 
in  foreign  plants.  In  the  establishment  of  the  date  industry  in  Im- 
perial County,  the  first  lot  of  palms  was  received  at  Heber  in  1904, 
infested  with  Phenacococcus  and  Parlatoria  (sps.)  scales.  These  insects 
had  increased  to  such  an  extent  this  spring  that  the  entire  foliage  of  the 
palms  had  to  be  removed  and  the  torch  applied  to  the  trunks,  and  after 
the  palms  had  produced  tons  of  fruit.  But  the  Bureau  of  Plant  Indus- 
Try  is  now  standing  firmly  with  the  California  officials  and  rendering 
aid  in  every  way  to  prevent  the  introduction  of  foreign  insect  pests. 
Other  importers  are  not  inclined  to  cooperate  with  the  State  in  quaran- 
tine matters  and  an  American  association  of  nurserymen  has  carried 
its  opposition  to  the  point  of  defeating  all  the  bills  yet  introduced  into 
the  national  congress  intended  to  safeguard  our  fruit  interests.  We 
need  a  thorough  Federal  inspection  service,  and  the  issue  should  be  held 
before  the  public  until  an  adequate  law  can  be  passed  requiring  such 
inspection. 

MEXICAN  ORANGE  MAGGOT. 

The  presence  generally  of  Trypeta  ludens  in  the  orange  districts  of 
Mexico  is  a  continual  menace  to  the  citrus  industry  of  California.  In- 
adequate laws,  physical  difficulties  and  restricted  means  have  prevented 
a  satisfactory  system  of  quarantine  work  heretofore,  and  yet  every- 
thing has  been  done  that  could  be  accomplished  under  the  circumstances. 
The  first  move  made  by  the  present  State  Quarantine  Officer  was  to 
secure  a  pledge  from  the  railroad  news  service  that  no  Mexican  fruit 
would  be  offered  for  sale  on  the  trains.  A  careful  investigation  was 
made  of  the  laws  and  practices  of  Texas  and  Arizona  regarding  the 
inspection  of  fruits  and  plants  brought  over  the  line  from  Mexico. 
From  these  investigations  it  was  learned  that  Texas  inspected  all  nurs- 
ery stock  from  Mexico,  coming  into  the  state  at  Laredo  and  El  Paso, 
but  the  officials  had  no  authority  for  inspecting  or  quarantining  fruit. 
Then  the  commissioner  of  agriculture  of  Texas  was  asked  to  allow 
California  to  place  entomologists  at  Laredo  and  El  Paso,  to  be  com- 
missioned as  Texas  officials  and  paid  by  California  to  inspect  baggage 
and  freight  crossing  the  line.  That  state  has  no  law  that  would 
.authorize  such  inspection,  and  the  request  was  refused,  with  the  state- 
ment that  Texas  "would  not  justify  an  effort  to  inspect  baggage,  lug- 
gage and  packages  coming  into  the  United  States  from  Mexico." 
While  treating  the  request  with  great  interest  and  courtesy  the  com- 
missioner of  agriculture  closed  the  negotiations  with  these  remarks: 
<;Our  laws,  however,  do  not  extend  to  fruit  coming  into  the  state.  I 
am  taking  the  whole  matter  up  with  the  attorney  general  for  an  inter- 
pretation of  the  national  and  state  laws  in  regard  to  this  matter." 
The  Commissioner  is  cooperating  with  us  in  every  way  possible,  but 
no  change  in  the  Texas  laws  has  been  made  and  the  plan  proposed  could 
not  be  adopted.  Arizona  laws  afford  us  protection  to  some  extent,  as 


QUARANTINE   LAWS   AND    ORDERS.  1< 

that  territory  has  passed  measures  for  the  special  purpose  of  intercept- 
ing insect  pests,  and  .only  the  inability  to  inspect  personal  effects  will 
handicap  that  territory  in  its  quarantine  work.  However,  the  problem 
of  protecting  the  citrus  industries  from  the  Mexican  orange  maggot  is 
being  solved  without  waiting  for  new  laws,  and  upon  a  basis  similar  to- 
the  plan  proving  so  thorough  in  the  inspection  of  maritime  vessels  at 
San  Francisco. 

THE  GYPSY  MOTH. 

An  incident  occurred  last  January  which  shows  how  California  must 
combat  single-handed  the  introduction  of  noxious  insects,  and  is  another 
example  of  the  lameness  of  our  protection  in  the  absence  of  Federal 
quarantine  laws.  On  January  6th  a  shipment  of  nursery  stock  arriving 
in  Alameda  County  was  found  infested  with  egg-masses  of  gypsy  moth, 
imported  by  way  of  Seattle  and  by  train  to  point  of  delivery.  Imme- 
diate steps  were  taken  to  intercept  this  pest.  Much  of  the  stock  was. 
burned,  deputies  were  placed  in  charge  of  the  entire  nursery,  and  a 
quarantine  order  issued  locking  everything  and  covering  the  entire- 
activities  of  one  of  the  largest  concerns  in  the  United  States.  Every 
plant  contained  in  the  shipment  was  listed,  and  for  one  week  not  even  a 
cut  flower  was  sold  by  the  concern.  The  whole  lot  imported  was  exam- 
ined piece  by  piece,  fumigated  heavily  and  placed  in  quarantine  pen 
and  held  indefinitely  and  until  all  danger  was  over,  the  quarantine  last- 
ing for  months.  These  plants  should  not  have  been  admitted  at  Seattle 
without  inspection  and  the  power  to  quarantine.  The  moral  of  the 
incident  is  that  California  fruit  interests  can  not  be  thoroughly  pro- 
tected from  foreign  insect  pests  through  her  local  quarantine  laws.  A. 
national  law  is  imperative. 

THE  ALFALFA  WEEVIL. 

The  problem  of  the  alfalfa  weevil  is  of  such  serious  import  that  it  is 
thought  worthy  of  special  notice  in  this  bulletin.  This  threatened  visita- 
tion presents  a  case  in  which  quarantine  regulations  probably  can  not  be 
made  protective,  however  stringent  the  measures  adopted  to  keep  this 
pest  from  entering  the  State.  But  the  chances  of  the  weevil  securing  a, 
hold  in  our  alfalfa  fields  may  be  reduced  to  the  minimum  and  coloniza- 
tion of  the  insect  possibly  prevented  by  the  use  of  every  means  at  hand 
to  restrain  it.  Consequently,  every  avenue  should  be  guarded  and  every 
impediment  placed  against  the  migration  of  this  destructive  creature. 
Especially  should  the  first  stages  of  an  outbreak  in  California  be 
reported  and  attacked  vigorously  and  the  insect  exterminated,  if  pos- 
sible. One  incident  is  reported  in  which  this  weevil  had  overrun  a  field 
of  alfalfa  in  a  clean  district,  but  it  was  exterminated  by  heroic  means 
and  the  district  saved.  California  laws  give  direct  authority  to  meet  an 
emergency  of  this  kind,  and  if  a  colony  of  the  weevil  is  reported 
promptly  no  doubt  the  attack  could  be  repelled. 

Fortunately,  Utah  does  not  produce  enough  alfalfa  hay  for  the  home 
demand,  and  if  the  ravages  of  the  weevil  are  not  checked  there  is  no 
likelihood  of  a  surplusage  of  hay  for  exportation.  The  greatest  danger 
comes  through  the  transportation  of  household  goods,  railroad  cars  and 
miscellaneous  freight.  The  insect  is  found  sheltering  in  all  kinds  of 
merchandise,  in  barns,  houses,  upon  fences  and  wherever  it  can  take 


1>  STATE    COMMISSION    OF    HORTICULTURE. 

refuge.  < '»ns«'<iuently.  the  danger  bf  its  reaching  our  fields  may  be 
greater  iu  winter  time  than  in  the  season  of  its  field  activities.  By  the 
most  vigilant  attention  to  all  details  and  the  use  of  all  precautionary 
measures  auainst  the  weevil,  our  state  may  be  kept  free  from  this 
destructive  insect.  The  following  circular  has  been  sent  broadcast 
throughout  the  State : 

QUARANTINE    CIRCULAR    NO.    2. 
The   Alfalfa   Weevil. 

There  are  about  3,000,000  acres  of  alfalfa  in  the  United  States,  producing  an 
•average  of  three  tons  to  the  acre  annually  and  valued  at  approximately  $100,000,000. 
This  vast  industry  is  threatened  seriously  by  a  small  weevil  (Phytonomus  murinns 
Fab.),  a  native  of  Europe  and  an  insect  that  has  already  become  firmly  established 
in  Utah.  It  first  appeared  in  that  state  in  1904,  on  the  east  side  of  Salt  Lake  City, 
and  it  is  merely  by  chance  that  the  first  attack  did  not  fall  upon  the  magnificent 
alfalfa  fields  of  California.  The  infestation  now  covers  more  than  100  square  miles 
in  Utah  and  last  year  7,000  tons  (estimated)  were  lost  in  the  first  cutting.  The  loss 
has  been  especially  severe  in  the  older  fields  where  the  vitality  of  the  plants  was 
lowest.  There  seems  to  be  no  hope  of  exterminating  this  pest,  and  as  yet  no  fungoid 
enemy  has  attacked  the  insect  as  far  as  known  here,  and  should  the  insect  secure  a 
hold  in  California  there  is  no  reason  to  believe  it  would  be  controlled  by  natural 
enemies  or  fungous  disease. 

A  circular  was  issued  from  this  office  one  month  ago  and  sent  to  all  the  quarantine 
guardians  of  the  State.  It  is  now  thought  advisable  to  renew  this  warning,  with  more 
definite  suggestions,  as  there  is  no  reason  to  believe  that  an  arbitrary  quarantine 
order  would  be  protective  or  possible  of  enforcement  against  so  many  avenues  of 
introduction  as  prevail  in  this  case.  We  are  liable  to  have  an  outbreak  of  this  weevil 
at  any  time  and  should  guard  every  point,  be  vigilant  in  the  inspection  of  seed,  in 
reporting  every  importation  of  alfalfa  hay  and  in  advising  alfalfa  growers  to  takt- 
<>very  precaution  against  the  introduction  of  the  weevil,  and  to  report  every  infestation 
that  is  unusual  or  threatening.  The  following  suggestions  are  offered  : 

1.  That  all  horticultural  commissioners,  inspectors,  quarantine  guardians  and  alfalfa 
growers  examine  the  growing  alfalfa  crops  at  every  opportunity  to  see  if  this  pest 
can  be  found. 

•1.  Discover  from  what  territory  your  seedman  gets  his  alfalfa  seed,  order  no  seed 
from  suspected  territory  and  have  every  lot  of  seed  on  sale  thoroughly  inspected  and 
fumigated. 

3.  Warn  each  seedman  of  the  danger  of  ordering  Utah  seed  and  secure  a  promise 
that  he  purchase  no  supplies  from  suspected  territory. 

4.  Urge    that    all    alfalfa    seed    coming    into    the    State    be    fumigated    with    carbon 
bisulphid. 

5.  Examine   the  wild  growth  of  alfalfa   or   similar  plants  along  the   railway   tracks 
and  about  the  stations,  and  especially  stock  cars  about  the  sidings. 

6.  Horticultural    and    quarantine    officials    should    confer    with    alfalfa   growers    and 
request  them  to  report  all  insect  attacks. 

7.  Ask  the  local  press,  especially  in  alfalfa  districts,  to  give  publicity  to  the  danger 
of  introducing  this  pest. 

8.  Send  unknown  insects  found  in  the  alfalfa  fields  to  the  State  Insectary,   Sacra- 
mento,  or  to  the  University,   Berkeley,   for  identification. 

J.  W.  JEFFREY, 
State  Quarantine  Officer. 

QUARANTINE  NOTES. 

Appointment  of  Chief  Deputy. 

0.  E.  Brcmner  was  appointed  Chief  Deputy  Quarantine  Officer  of 
the  State  on  the  26th  day  of  June,  assuming  charge  of  the  office  at  San 
Francisco  and  taking  charge  on  that  day.  All  correspondence  upon 
quarantine  work  relating  to  the  State  at  large  should  be  addressed  to 
Mr.  Bremner,  and  that  relating  to  the  territory  south  of  the  Tehaehapi 
and  pertaining  to  local  matters  there  should  be  addressed  to  Stephen 
Strong,  Equitable  Building,  Los  Angeles. 

Appointment   of   Deputy. 

St<i>Jini  Strong  was  commissioned  Deputy  Quarantine  Officer  on 
July  1,  1911.  his  appointment  covering  the  territory  of  Los  Angdcs 
San'  Bernardino.  Riverside,  Orange,  San  Diego,  Imperial,  Ventura,  and 
Santa  Barbara  counties.  Mr.  Strong  will  have  charge  directly  of  the 
maritime  ports  of  these  counties,  and  in  cooperation  and  coordination 
witli  the  state  quarantine  guardians  of  these  counties  will  administer 


QUARANTINE    LAWS   AND    ORDERS.  19 

the  quarantine  laws  in  the  district  to  which  he  is  accredited.  By  ref- 
erence to  the  interpretation  of  the  law  on  another  page,  it  will  appear 
that  this  appointment  does  not  interfere  with  the  duties  of  the  quaran- 
tine guardians  or  relieve  them  of  any  responsibilities  excepting  at  the 
ports  above  indicated. 

Giving    Notice. 

Quarantine  guardians  should  require  all  railroad  and  express  com- 
panies and  other  carriers  to  comply  with  the  laws  requiring  the  car- 
riers to  notify  the  guardians  of  the  arrival  of  nursery  stock  from  out- 
side the  State.  Also  see  that  the  packages  containing  such  stock  are 
marked  in  accordance  with  the  law.  (See  sections  1  and  2,  Horticul- 
tural Quarantine  Law  of  1899.)  Attention  is  called  to  the  require- 
ment regarding  peach  yellows  and  other  contagious  diseases,  contained 
in  section  5  of  the  same  act. 

General    Inspection. 

All  quarantine  guardians  are  requested  by  the  State  Quarantine 
Officer  to  be  particularly  active  and  observant  in  the  inspection  of  crops 
and  articles  liable  to  harbor  insects  and  diseases  against  which  a  quar- 
antine has  been  declared  and  to  instruct  their  inspectors  to  assist  in 
this  work.  Fruit  flies  of  all  kinds  should  be  at  once  reported;  gypsy 
moth,  cotton  boll  weevil,  alfalfa  weevil,  eel  worm,  melon  fly,  orange 
maggot  and  citrus  white  fly  should  head  the  list  of  foreign  pests  to  be 
looked  for.  and,  if  found,  to  be  extirpated  at  any  cost.  We  have  had 
one  of  these  perils  to  deal  with  at  Marysville,  Oroville,  and  Bakersfield. 
It  required  perhaps  years  for  the  white  fly  to  get  such  a  deep  hold  at 
these  places.  There  is  less  excuse  now  for  letting  these  insects  colonize 
without  discovery,  for  the  State  has  now  a  corps  of  forty-two  quaran- 
tine guardians  where  none  were  before,  more  men  and  means  provided 
for  the  State  Commission  work  and  thousands  of  growers  cooperating 
actively  in  the  discovery  or  exclusion  of  our  orchard  foes.  We  ma}' 
expect  an  invasion  from  some  of  these  pests,  but  should  be  ready  to 
meet  it  with  all  the  advantage  possible  in  favor  of  the  fruit  growers. 

Inspecting    Mail    Packages. 

Serious  and  continued  efforts  will  be  made  to  secure  an  order  from 
the  Postmaster  General,  permitting  the  quarantine  officers  to  inspect 
packages  containing  plants  arriving  in  California  by  mail,  before  such 
packages  are  delivered.  For  a  while  this  privilege  was  granted  by 
some  of  the  postmasters  of  the  State,  and  other  of  these  officials  would 
notify  the  inspectors  of  the  delivery,  after  which  the  inspector  would 
follow  the  package  and  make  the  examination.  Finally,  notice  was 
received  'from  the  Postoffice  Department  to  the  effect  that  this  privilege 
was  not  approved  at  Washington,  and  that  the  Department  of  Agricul- 
ture, to  which  the  matter  was  referred,  ' '  disapproved  of  any  policy  that 
would  interfere  with  the  free  interchange  of  plants  and  seeds  by  mail 
throughout  the  United  States."  This  leaves  as  our  only  recourse  an 
arrangement  between  the  quarantine  guardians  and  the  local  postmas- 
ter by  which  the  latter  shall  notify  the  guardian  of  the  delivery  of  each 
package  by  mail  whose  contents  are  subject  to  inspection.  Every  quar- 
antine guardian  should  make  this  arrangement  with  the  postmasters  of 
his  countv. 


20  STATE    COMMISSION    OF    HORTICULTURE. 

Plants    From    Quarantined    Districts. 

The  people  of  California  can  not  secure  plants  from  interdicted  dis- 
tricts on  commercial  orders,  nor  can  they  secure  even  individual  plants 
in  the  ordinary  way  from  such  territory.  However,  the  State  Quar- 
antine Officer,  recognizing  that  our  State  should  not  be  prohibited  from 
introducing  new  and  improved  'kinds  and  varieties,  has  devised  a  scheme 
through  which  such  introductions  may  be  made  without  violating  the 
spirit  of  a  quarantine  order.  Those  desiring  to  secure  a  few  plants 
from  a  quarantined  district  for  experimental  purposes  should  read  the 
remarks  in  this  bulletin  under  Quarantine  Order  No.  1.  and,  if  possible, 
make  arrangements  to  secure  the  desired  stock  through  the  Division  of 
Plant  Introduction  of  the  Bureau  of  Plant  Industry  at  Washington. 

Rejecting    Nursery    Stock. 

Some  difference  of  opinion  exists  as  to  the  scope  of  the  Horticultural 
Quarantine  Law  and  the  authority  of  the  State  Commissioner  of  Horti- 
culture in  handling  trees  grown  in  California  and  found  infested  or 
diseased  at  the  point  of  delivery  within  the  State.  This  may  be  illus- 
trated by  the  following  case :  An  intercounty  shipment  of  apple  trees 
was  detained  by  the  county  horticultural  commissioner  and  sent  back  to 
the  shipper  on  account  of  crown-gall  appe^:'irig  on  a  certain  number  of 
the  trees.  The  nurseryman  who  shipped  tins  stock  objected,  claiming 
that  the  commissioner  should  have  culled  out  the  diseased  trees  and 
released  the  clean  stock  to  the  purchaser,  lie  threatened  to  refer  the 
matter  to  the  State  Commissioner.  Replying  to  this  threat  the  inspect- 
ing commissioner  wrote  the  nurseryman:  "I  note  what  you  say  about 
referring  the  matter  to  the  State  Commissioner.  If  he  rules  that  stock 
is  not  to  be  rejected  on  account  of  crown-gall  I  will  make  no  further 
rejections  for  this  cause." 

This  case  should  have  been  decided  wholly  by  the  county  horticultural 
commissioner,  regardless  of  what  the  State  Commissioner  should  rule. 
The  last-named  official  has  no  right  to  pass  upon  such  cases  in  any  way, 
until  he  has  first  quarantined  the  district  or  the  article  as  provided  in 
chapter  600,  Political  Code,  and  no  authority  can  be  found  for  sending 
out  of  the  county  infected  stock  grown  within  the  State.  It  must  not 
be  inferred  from  this  that  the  trees  under  consideration  should  have  been 
released,  or  allowed  to  be  planted  in  the  county  by  the  horticultural 
commissioner.  Chapter  299,  Political  Code  (the  county  horticultural 
law),  has  declared  such  a  lot  of  trees  a  public  nuisance  (section  2322a), 
and  prescribes  the  method  of  abating  it,  namely,  to  hold  the  infected 
plants  and  eradicate  the  disease.  If  eradication  is  impossible,  the  trees 
remain  a  public  nuisance,  and  can  not  be  turned  over  to  the  consignee. 
They  may  be  held  indefinitely  in  this  way,  and  the  process  become  equiv- 
alent to  a  permanent  quarantine,  initiated  and  controlled  entirely  by  the 
county  horticultural  commissioner  into  whose  territory  the  trees  have 
been  delivered.  There  appears  to  be  no  legal  means  of  getting  the  plants 
out  of  the  county  of  delivery,  after  having  been  declared  a  nuisance,  and 
they  should  be  sent  back  to  the  shipper  by  agreement  if  thought  desirable 
by  the  commissioner.  This  should,  of  course,  be  done  prior  to  serving 
notice  under  the  above-named  section  of  the  law.  In  most  cases  the 
nurseryman  would  be  glad  to  receive  bac'k  a  diseased  lot  of  plants  that 
might  have  escaped  his  own  inspection.  In  cases  of  refusal  or  delay. 


QUARANTINE   LAWS   AND   ORDERS.  21 

apply  the  law  above  referred  to,  as  the  county  commissioner  would 
then  avoid  all  responsibility,  even  if  the  diseased  stock  perished  on  his 
hands.  This  process  has  the  added  advantage  of  preventing  the  trees 
from  being  offered  to  another  orchardist.  This  advice  is  given  on  the 
presumption  that  the  stock  in  question  contains  bona  fide  disease,  and 
that  it  should  not  be  planted  under  any  circumstances.  The  inspector 
must  decide  as  to  the  facts,  and  the  law  seems  to  make  his  decision  final. 

Federal  Co-operation. 

The  writer  of  this  bulletin  takes  opportunity  here  to  acknowledge 
the  uniform  courtesy  and  material  assistance  extended  by  the  Federal 
officials  of  the  coast  in  the  enforcement  of  the  horticultural  quarantine 
regulations.  First,  in  helpfulness  is  the  United  States  customs  service, 
without  whose  aid  the  inspection  of  foreign  baggage  and  miscellaneous 
parcels  would  be  most  expensive  to  the  State  and  unsatisfactory.  The 
officers  not  only  keep  our  quarantine  officers  informed  of  arrivals,  but 
they  give  our  deputies  opportunity  of  physical  inspection  and  aid 
therein  while  examining  packages  for  dutiable  goods. 

When  the  new  policy  of  inspecting  Hawaiian  vessels  was  inaugurated 
last  June  the  Federal  health  officers  gave  the  horticultural  deputies  per- 
mission to  board  the  boats  while  in  quarantine.  A  deputy  now  visits 
each  vessel  along  with  the  health  officer,  thus  giving  him  the  oppor- 
tunity of  inspecting  the  ships  before  coming  to  dock.  The  Public- 
Health  and  Marine  Hospital  Service  also  gives  all  possible  assistance  to 
the  horticultural  officials,  and  throughout  the  entire  Federal  service  at 
our  maritime  ports  the  spirit  of  cooperation  is  manifest,  adding  effi- 
ciency to  the  measures  of  protection  from  insect  invasion  inaugurated 
by  the  State  Quarantine  Officer. 

Squirrel    Extermination. 

The  Public  Health  and  Marine  Hospital  Service  and  the  State  Board 
of  Health  are  engaged  in  exterminating  the  squirrels  of  California  in 
an  effort  to  stamp  out  the  germs  of  bubonic  plague.  The  object  of  this 
campaign  is  to  conserve  public  health,  yet  the  results  will  be  beneficial 
to  fruit  growing  and  farming  as  well,  and  in  view  of  its  economic  rela- 
tionship to  agriculture  the  quarantine,  guardians  and  horticultural  com- 
missioners of  the  State  are  justified  in  giving  non-official  aid  in  every 
way  to  the  extermination  of  squirrels.  It  is  hoped  these  officials  will 
not  neglect  an  opportunity  of  assisting  the  State  and  Federal  authori- 
ties in  their  efforts  to  extirpate  a  pest  that  is  most  harmful  to  our  soil 
interests  and  dangerous  to  the  health  of  our  people. 

Good   Will   to    Nurserymen. 

After  attending  a  meeting  of  the  Pacific  Coast  Association  of  Nurs- 
erymen, the  writer  can  bear  testimony  to  the  good  spirit  that  prevails 
upon  the  part  of  the  membership  toward  the  inspection  and  quarantine 
laws  of  California.  From  a  former  spirit  of  hostility  to  some  of  the' 
restrictions  upon  the  transportation  of  nursery  stock,  or  at  best  of  tol- 
erance to  many  of  these  regulations,  there  has  developed  an  attitude  of 
cooperation  with  the  horticultural  officials  of  the  State.  Although  the 
nurserymen  are  yet  in  opposition  to  what  they  deem  unnecessary  ordi- 
nances and  rules  concerning  the  handling  of  stock  in  transit,  their  gen- 
eral views  are  broad  and  helpful  to  the  officials,  leaving  little  cause  of 


22  STATE   COMMISSION   OF   HORTICULTURE. 

t 

friction  and  less  danger  of  hostility.  Scarcely  a  speaker  at  that  meet- 
ing expressed  other  than  the  conviction  that  the  inspection  service  of 
the  State  was  beneficial,  reasonably  free  from  faults,  and  calculated  to 
conserve  the  interests  of  the  nurserymen  and  the  protection  of  the  pub- 
lic, in  whose  behalf  the  laws  were  framed. 

This  spirit  should  be  appreciated  by  the  quarantine  guardians  and 
inspectors.  It  should  engender  a  reciprocal  attitude  upon  the  part  of 
these  officials,  and  a  determination  to  execute  the  laws  in  such  manner 
as  will  give  the  nurserymen  as  little  trouble  and  loss  as  possible,  ren- 
dering the  inspection  service  as  promptly  and  efficiently  as  fair  dealing 
and  energy  demand.  This  can  be  done  without  deviating  from  duty, 
or  favoring  the  dissemination  of  insect  pests  and  plant  diseases,  with- 
out endangering  the  intimate  interests  of  the  fruit  grower  in  any  way. 
Firmness,  capacity  and  common  sense  should  rule  in  every  case  of 
inspection  and  quarantine,  and  it  is  believed  that  our  horticultural 
officials  are  adopting  policies  that  will  tend  to  this  end  and  at  the  same 
time  maintain  the  quality  of  protection  to  the  highest  degree.  In  fol 
lowing  out  these  policies  the  inspection  service  will  maintain  its  inde 
pendence  and  proficiency  and  at  the  same  time  refrain  from  needlessly 
sacrificing  or  endangering  the  business  of  the  nurserymen. 

Suggestions. 

If  this  bulletin  is  found  helpful,  the  writer  would  be  pleased  to 
receive  suggestions  from  any  one  connected  with  the  fruit  industry  as 
to  the  scope  and  contents  of  other  bulletins  to  be  written  and  published 
by  the  State  Commissioner  of  Horticulture.  Also,  opinions  as  to  the 
value  of  this  plan  of  giving  publicity  to  matters  touching  the  horticul- 
tural industries  of  the  State. 


INDEX. 


Alfalfa  weevil:  PAGE. 

Quarantine  Circular  No.  2 18 

territory  infested,  damage  in  Utah 17 

Baggage  inspection: 

agreement  permitting,  notice  of  passengers 12 

first  experience  in  searching 13 

methods  of  examining 12 

Bulletins: 

new  series,  purposes  of 1 

Cotton    boll   weevil: 

origin,  extent  of  infection,  damage 8 

Quarantine  Order  No.  2 8 


Eel  worm: 

carload  of  infested  potatoes  returned 10 

circulars  of  warning  issued 11 

origin  of  infestation 10 

Quarantine  Order  No.  5 11 

quarantine  order  differing  from  others 11 

Federal  co-operation: 

acknowledgement  of,  in  quarantine  work 21 

assistance  in  securing  plants  quarantined '. 20 

assistance  from  Bureau  of  Entomology 15 

lack  of,  in  mail  service : 19 

need  of  Federal  quarantine  law 15 

order  relating  to  army  transports 13 

Fruit  fly,  Mediterranean: 

discovery  of,  in  Hawaii;  menace  of 11 

methods  of  inspection,  contract,  notices ITr 12 

order  for  cooperation,  U.  S.  Transport 13 

Quarantine  Order  No.  6 11 

Gypsy  moth: 

discovery  on  imported  stock 17 

methods  of  handling  infestation 17 

Horticultural    commissioners,    county: 

keeping  records  separate 4 

list  of,  appointed  quarantine  guardians 3 

powers  and  duties,  rejecting  nursery  stock 20 

Laws,  horticultural  quarantine: 

acts  of  1883  and  1903,  compared 2 

character,  scope,  number,  precedence  of 2 

deficiencies  in  baggage  inspection 14 

guardians,  appointment  authorized 3 

lack  of  Federal,  a  State  issue 15 

lack  of,  in  adjacent  states 16,  17 

general  remarks  on 14 

quarantine  orders,  different  applications  of 14 

recognition  state   authority,   changes 15 

Melon  fly: 

infestations  found  at  San  Francisco <  10 

Quarantine  Order  No.  4 1 10 

Orange  maggot,  Mexican: 

attempt  to  secure  inspection,  Texas 16 

danger  of  introduction,  precautions 16 

lack  of  authority  to  inspect 16 


24  INDEX. 

I, 
Orange   seed,    Florida:  PAGE. 

amount   imported 6 

conference  with  seedmen 6 

quarantine  order  modified 7 

Plants,   inspection,   importation: 

carriers  must  notify  of  arrival 19 

inspection,  cooperation  Federal  bureaus 15,  16 

how  secured  from  quarantined  districts 7 

inspection  mail  packages 19 

not  all  inspected  in  Federal  introductions 16 

rejections  by  county  commissioners 20 

Quarantine  guardians: 

authority  of  appointment,  list  of 2,  3 

counties  having  no :__  3 

keeping  records  separate 4 

law  giving  full  power  to 4 

powers  and  duties  of 4 

Quarantine   notes: 

*O.  E.  Bremner,  appointment  of 18 

Stephen  Strong,   appointment  of 18 

giving  notice  arrival  plants 19 

general  inspection,  quarantine 19 

inspection  mail  packages 19 

plants  for  quarantine  districts 20 

rejecting  nursery  stock 20 

Federal  cooperation 21 

good-will  to  nurserymen 21 

suggestions 22 

Quarantine  orders: 

Citrus  White  Fly  No.  1 -     5,  7 

Cotton  Boll  Weevil  No.   2 8 

Tulare  County  No.  3 9 

Melon  Fly  No.  4 10 

Eel  Worm  No.  5 

Mediterranean  Fruit  Fly  No.   6 11 

list  of 

Tulare  County  quarantine: 

Quarantine  Order  No.  3 

why  especially  protected 

list  of  receiving  stations 

White  fly: 

Quai-antine  Order  No.  1 

same,  amended  to  include  food  plants 

same,  amended  to  admit  orange  seed 

modifying  order  to  admit  plants 7 


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